Suing in a Georgia’s Small Claims Court

In a Georgia small claims court, you can recover up to $15,000. The $15,000 limit does not apply to eviction cases. Due to the smaller amount of money at stake, most people don’t hire an attorney for this court. If you are looking to sue someone in the Georgia Magistrate Court, here are the steps and policies you should be aware of.

Age Requirement to Sue in Georgia Small Claims Court

You are able to sue someone in a Georgia small claims court if you are age 18 or over or if you are an emancipated minor. To sue someone in a Georgia small claims court, you would need to seek $15,000 or less in court.

Steps to Sue Someone in Georgia Small Claims Court

The first step to sue someone in a Georgia small claims court would be to fill out the necessary forms and fees. In Georgia, you are required to complete the Statement of Claim, in which you write the name and address of the defendant. You will also have to write down the details of the claim, such as the amount you are intending to ask and the date the claim had arisen.

Related: Georgia Quitclaim Deeds: Forms & Requirements

There is also a time limit on filing a lawsuit for your case, known as the statute of limitations. In Georgia, the statute of limitations is two years for injury cases, four years for property damage cases, four years for oral contracts and six years for written contracts.

Select the correct Georgia Magistrate Court location once you have finished the necessary paperwork. If you fail to do so, the defendant can ask the case to be dismissed.

The rules for selecting a venue for your case is the following:

  • Where the defendant resides
  • Where the business is physically located in
  • Where the corporation’s registered agent is located in

Once you select the correct court location, you will likely receive a hearing date.

Related: Georgia Equitable Distribution FAQs

Before the hearing, gather as much evidence such as documents or witnesses. Prepare what you will say in court beforehand. If the defendant does not reply within 30 days or fails to show up in court, they will lose the case automatically.

Contact Us

If you or a loved one would like to learn more about Sue Someone Georgia Small Claims Court, get your free consultation with one of our most qualified attorneys in Georgia today!